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Whats the Fine

nightwalker Aug 22, 2007 06:21 PM

I just recived a email from my son his best friend is comeing home in Sept. His hummer hit a ied in late July .He lost his right arm and leg . Tommy has been a road hunter all of his life.
He wants to go to the river road and i guess we will be breaking the law.Anyone know how much the fine will run as i am going to see to it that he can road hunt untill i run out of money or he says he has had enough.I dont know if my pre paid legal will cover it so dose any know the max fine

Replies (14)

shambala Aug 22, 2007 06:57 PM

When I interviewed Major Sinclair he told me, on film, that it was a class C misdemeanor (spell?) and that it carries a fine of 50 to 500 dollars. That fine is up to the judge. He also said that the first year of a new law is generally used as an educational period where warning tickets will be issued, so that people have time to get used to it.

I can't say that this will all hold true. He also said, on film, that the law was effective as of June 15th, and that proved not so.

Dan Krull
(Alterna Documentary Guy)

Doug Beckwith Aug 22, 2007 07:18 PM

I don't believe that has been determined yet, at least not publicly. My understanding is that it will be a class C misdemeanor w/ an escalating fine for each subsequent offense.

If I were you I would not let this essentially unenforceable law change your plans one bit. In fact should you get a ticket for breaking this ludicrous law while taking a recently disabled vet road cruising, I will pay the fine for you. After all, that is the least I could do for someone who has served our country while enduring such personal sacrifice. It sure is a shame that this ridiculous law is a concern to anyone, let alone someone who has given so much.

I now live in Alpine and on you next trip should you want to come by my house to see some alterna let me know and I will be glad to have you guys over.

I hope you have a great time on your trip and you see lots of herps on what may be the best/most fun road to cruise for herps, in the country. The scenery is of course, wonderful as well, so make sure you get there before dark.

DB

nightwalker Aug 22, 2007 07:47 PM

The only way the plans will change is if Tommy chages them.He is still getting used to his prostics and its hard for him to ride for any distance.My pre paid legal will cover me and i dont think there is a judge in this country that would fine a returning Vet.Public out cry would cause Tp&w and the judge a lot of embrassment as we plan to fight any tickett we get.i plan on letting the Game warden know what we are doing in advace,dont want any misunderstanding at all.Tommy loves the river road we hunted it before they deployed .he said he's sick of sand.Thanks for the offer .We would enjoy meeting you.But Tommy says he will pay his own fines. he dosenot want anyone to pay for his law breaking.so if any one can let me know of places on the river road that Tommy can get to he says his cheta leg is tuff .The Army would not put a set of tongs on his arm and the hand can only hold lg obj .
hold large obj at this time

antelope Aug 23, 2007 12:47 AM

Sir, my hat is off to Tommy, your son, and yourself! Let us see what we can come up with, maybe some private land, hmmmmmm? I would be honored to show you guys around in south Texas, should you guys feel the urge.
Todd Hughes
3909 Brawner Parkway
Corpus Christi, Texas 78411
cell 361-876-4368
Feel free to contact me, I could put you on some Mexican milks, LARGE atrox, and maybe see an indigo or three, maybe Northern Cat-eyed snakes
-----
Todd Hughes

nightwalker Aug 23, 2007 01:44 AM

Thanks toall will pass it along

Eby Aug 22, 2007 08:59 PM

TPWD (like every other organization) has an obligation under the American's with Disabilities Act to make reasonable accommodations for disabled individuals.

I would strongly encourage you to contact Robert Macdonald, TPWD Regulations Coordinator and ask him if he can grant a waiver or advise you of the proper channels for requesting a waiver.

I would think that TPWD would most likely make some sort of accommodation. However, If they don't, you will have an even stronger case for defending against any citation or even pursuing an ADA claim against TPWD

Daryl Eby

nightwalker Aug 22, 2007 09:39 PM

Tommy say if he can road hunt everone should be able too. He refuses to be treated differntly by the Tp&w.he thinks it would be a big embrsssment to the TP&W if he recives a tickett.So i guess we will have to break the law as i promised we would go. When my son gets home the 3 of us are going to spend a few weeks
in westTexas .Tommy and i will make a trip in Sept as soon as i can find the nights of little or no moon.all 3 should be there in May thank to all

chris_mcmartin Aug 24, 2007 06:51 AM

>>Tommy say if he can road hunt everone should be able too. He refuses to be treated differntly by the Tp&w.

Tommy's right, HOWEVER I think he SHOULD pursue the waiver, on behalf of all herpers--if he is successful in his waiver, then the fact that his vehicle is out road cruising should prove the "traffic safety" issue doesn't exist for the REST of us either. It could be a link in the chain of events to have the law stricken.

I too just returned from overseas (this week); just before I left I was out cruising the Trans-Pecos and now I come home to find out it's illegal. I've never been stopped by TPWD (just Border Patrol) but I'll be interested in how the conversation goes if I do.
-----
Chris McMartin
www.mcmartinville.com
I'm Not a Herpetologist, but I Play One on the Internet

maxrr Aug 22, 2007 09:51 PM

Sorry, I have nothing to contribute to your question but I wanted you to pass along a big THANK YOU to your son's friend...I happen to be in the military also, but I don't deploy to the danger zones. I have a lot of respect for those that do, especially when those kind of sacrifices are made...

Max

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Snakes to the Max

rattletrap Aug 23, 2007 11:06 AM

Y'all worry way too much! Most wardens will be concerning themselves with dove hunters soon.

nightwalker Aug 23, 2007 04:23 PM

Maybe I did not know that Dove hunters hunted from the road or at night.but its good to know that the game wardens willhave something to do.

Eby Aug 23, 2007 04:53 PM

I imagine what he meant is that during traditional hunting seasons the wardens are overworked, stretched then, and unlikely to be out and about in the middle of the night (unless responding to a priority call).

nightwalker Aug 24, 2007 01:08 AM

sorry i was trying to be funny. Tommy is looking for a fight and if it gives him a reason to keep on living i will do all i can to see that he gets that fight.in the 20 or so years that ive been out to west Texas .ive been stoped by a TP&W offical 1 time and that was at Indain hot springs during the middle of the day Border patrol 100s of times.Countie mounties 1 time so it would seem that odds or on my side

Herptophile Aug 24, 2007 08:50 AM

I am also a Iraqi vet, i spent 18 months in the sand box, back in '05-late '06 i have some killer places out here, and i live arround the oil patch, if you would like i would also like to direct you as to some of my secret spots, get him out there, and assure him a good time.

SSGT Herptophile
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To you im just the crazy snake guy, but to some I'm a 'Herper'.

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